443. Compelling Another to Commit Crime

If the defendant forced another person to commit a crime by threatening, menacing, commanding, or coercing that person, then the defendant is guilty of the crime that the defendant forced the other person to commit.

Bench Notes

Instructional Duty

The court has a sua sponte duty to instruct on the theory of liability advanced by the prosecution. (See People v. Beeman (1984) 35 Cal.3d 547, 560-561 [199 Cal.Rptr. 60, 674 P.2d 1318] [sua sponte duty to instruct on aiding and abetting].)

Authority

Principals Defined. Pen. Code, § 31.

Secondary Sources

6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 140, Challenges to Crimes, § 140.10 (Matthew Bender).

(New January 2006)